About a year ago i had an umbilical hernia repaired.. paid by myself as the company doctor said it wasnt a result from work.. a few months ago 2 of us were lifting a forming tube and the other guy let his end go and when it dropped, i felt it rip open again. I notified my coordinator and filled out the proper injury report at work, then left it at that, its been getting worst and i went to the comp doc again, who states it wont be covered under comp because " it was a recurrence of an old injury. what are my options?
In general, a work-related illness or injury is one that arises out of and during the course of employment.
Worker's compensation laws and regulations vary from state to state. Aggravations are often defined injuries that occur on top of pre-existing conditions or "old" injuries. Aggravations can be classified as work-related whether the pre-existing condition is work-related or not.
If you have a hernia, you should consider seeing a health care provider to confirm the diagnosis and establish a treatment plan.
~•~ Dr. Parks
This answer is not intended as and does not substitute for medical or legal advice. The information presented in this posting is for patients’ education only. As always, I encourage you to see your personal physician for further evaluation of your individual case.
All states have what is called a "Workman's Compensation Appeals Board". Generally, you are entitled to at least one appeal from an adverse decision. The issue of whether or not a condition was caused by an on-the-job injury is not always clear cut. Before giving up on workman's comp I would appeal the decision. If you are in a union shop see your shopsteward or business agent. In addition workman's compensation has two categories of injury. "On-the-job" and "off-the-job". You may be entitled to compensation at a lower rate. There are attorneys who specialize in this. At the least you should make an appointment with a representative from the State labor board. Not necessarily to file a complaint, but for consultation. Obtain all copies of your medical records.
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